The Judicial Services Commission (JSC) hearing into Cape Judge President John Hlophe started more than an hour late on Tuesday with his lawyers requesting another postponement.
Hlophe’s lawyer, Vuyani Ngalwana, apologised ”profusely” for being late, saying he could not get an earlier flight to Johannesburg.
”I would like to place on the record the commission’s displeasure that we couldn’t start on time. We’d like to record our displeasure with that,” said commission chairperson Judge Lex Mpati.
The hearings got under way at about 10.15am.
Hlophe, who had the flu last week, was not present.
”We tried under difficult circumstances to consult with the Judge President yesterday afternoon. He claimed he was in no position to consult,” said Ngalwana.
Hlophe would not be ready to testify or ”participate meaningfully” in the hearing because his flu symptoms had not ”completely abated”, said Ngalwana.
”The judge president is still unwell and so he is unable to continue with this hearing. Our instructions are to seek a postponement … He may well have another examination today to determine whether the symptoms have completely abated,” said Ngalwana.
”We are here today to seek a postponement application.”
The hearings were still continuing by 10.45am with more questioning from the JSC commissioners.
Hlophe stands accused of trying to influence two Constitutional Court judges in a judgement relating to African National Congress president Jacob Zuma.
He has, in turn, complained that the judges of the Constitutional Court violated his rights by releasing a media statement on the allegations against him without offering him the opportunity to respond.
Hlophe took the matter to the High Court in Johannesburg, which ruled that the Constitutional Court judges had infringed his rights, but that the JSC hearing should go ahead as planned.
On Tuesday last week the Supreme Court of Appeal (SCA) held that the Constitutional Court justices did not act unlawfully when they made a complaint to the JSC against Hlophe without first affording him an opportunity to be heard. They had also not acted unlawfully by issuing the media statement.
Hlophe’s lawyers confirmed last week that he would take his challenge to the complaint against him to the Constitutional Court.
”I have now been informed that instructions have been taken to bring an application for leave to appeal to the Constitutional Court,” said Vuyani Ngalwana at last Wednesday’s stuttering start to the JSC hearing on the complaint at a Johannesburg hotel.
”So this is not the end of the matter.”
An application to the Constitutional Court would place the judges in a difficult position as they would be adjudicating a matter relating to themselves.
The JSC hearings were postponed last Wednesday after Ngalwana presented the JSC with a sick note saying Hlophe was suffering from ”severe influenza”.
On Saturday, the hearings were postponed again after Hlophe changed his legal counsel. — Sapa